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Preliminary Study and Legal and Fiscal Framework

The signing of a document before a notaire makes him or her responsible for the form, substance and appropriateness of the agreement. For this reason it is the notaire’s duty to conduct a preliminary study prior to the signing of the document in order to:

 

  • clearly identify the motivations behind the client’s desire to sign the document

  • verify that the financial and judicial measures being implemented are consistent with the client’s objectives and needs

  • clearly describe the client’s expectations so that they may be successfully met

  • establish the scope of the notaire’s duty to advise and then to carry out that obligation

  • propose alternative scenarios and optimise the implemented solution

  • redaction acte

    Customized solutions: we do not consider contracts to be standardized forms, here they are individually crafted and personally tailored to fit each client’s needs. 

     
    Example:
    Before making an investment, the notaire confirms with his client the appropriateness of the transaction and its coherence given the client’s financial situation. Where necessary, the notaire determines the appropriate amount that the client should allot to this investment in accordance to the liquidity of the envisaged engagement. The notaire must also inform the client of the potential risks and the legal and fiscal consequences associated with the transaction.

    The client’s economic objectives determine the precise characteristics of the legal and fiscal framework. When establishing the framework with a client we strive to also understand the context in which the framework exists, allowing for its evolution when necessary in order to maintain its efficacy and relevancy. Each objective, and the consequences of the actions necessary to meet said objective both in the short and long term, must be weighed carefully.

     

    Example:

     

    When purchasing a property, the notaire must understand the following in order to advise his or her client:

  • the projected term of ownership by the prospective purchaser in order to choose the investment structure that is most appropriate to that timeline

  • the client’s objective in terms of real estate development: acquisition for resale (property development), personal investment or a transaction based on construction and future sale? Indeed, the taxation of the purchase will be determined by this objective and will be difficult to change after the transaction has been signed, therefore it is crucial to consider these aspects before the transaction is completed.

  • Document assembly and management 

    Rapidly changing legislation requires:

      • ongoing legal and fiscal surveillance

      • precise and rigorous management of documentation 
     
     
    Keeping a company’s or individual’s document base current, as well as the different laws and case-law in our different fields of practice, requires an investment of time and money.  Our ability to manage and organize critical paperwork is underpinned by our extensive research and development. This ensures that we, and by extension our clients, are up to date.
     
    Example:
     
    Management of judicial and technical documents for a building



    Associated services:
    Documentary research: providing examples of jurisprudence, with or without commentary, ministerial responses, doctrine and interpretation of law for specific subjects

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    The interdisciplinary expertise of the Selarl Bruno Bedaride, notaire in Paris covers the following areas: corporate law, international contracts law, legal and tax advice, advice for international transmission, real estate law, family office, real estate and company finance law. We offer more particularly our services to non residents or foreign company who wish to invest, move or create a business in France.